A constitutional lawyer, Fred Nzeako, has said that the Supreme Court ruling, in which it referred the African Democratic Congress, ADC, back to the Federal High Court, is not a setback for the party.
The Supreme Court had, while annulling the ruling of the Court of Appeal that prohibited the acknowledgment of Senator David Mark’s leadership as the National Chairman of the African Democratic Congress, ADC, referred the case back to the Federal High Court.
On Thursday, the apex Court determined that the preservative order issued by the Court of Appeal was made in bad faith, unnecessary, unwarranted, and improper.
In a unanimous decision by the Supreme Court, Justice Mohammed Lawal Garba stated that the Court of Appeal should not have issued such an order, as it was not requested by any of the involved parties.
The Court of Appeal had previously issued an order of status quo ante bellum, which resulted in the de-recognition of David Mark and Aregbesola by INEC.
Many, especially the supporters of the African Democratic Congress, had felt that the Supreme Court judgement is a trap and a major setback to the party’s progress ahead of the general elections.
However, speaking on Arise News, Ezeako said “I don’t think the Supreme Court asking them to go back to the Federal High Court is a setback.
“I’ll tell you how it is not. As we speak, there’s leadership of ADC headed by David Mark. There is no court pronouncement disqualifying their position. They have been elected by the NEC of the party.
“ADC has leadership, and that leadership is headed by Senator David Mark. Why I say they are not in a tight corner is that the matter in court can be going on.
“That’s why I warned INEC about their future actions. They have no reason not to interact with David Mark leadership.
“The law says, give notice. Once you have given that notice of 21 days, which they copiously did, whether INEC observes or not, is their business, they must not, and whether they observe or not does not nullify the convention.
“They have to satisfy the provisions of the law. It is now left to INEC to accept it only to observe or not observe.
“One of the major things that people have been talking about is that INEC has, by their timetable, by their timeline, said all political party must submit their register membership registers by May 10. Yes, you don’t need membership register to conduct a general election.
“You don’t, because not every Nigerian must belong to political parties, but every Nigerian is authorized by law to go and vote. All you need is to have your own voters register to conduct the election.
“You can now ask, what is the essence of the party register? It is only to ensure that, because when you conduct direct primaries, all members of the party will be involved, which is a very wicked provision that the National Assembly has inserted in the Electoral Act. They know why they did it. They did it primarily to harm the opposition parties because they made a provision that it is either you decide by consensus or by direct primaries.
“What is wrong with indirect primaries? We have argued this over and over again that there is nothing wrong with indirect primaries and there’s nothing wrong with direct primaries, but direct primaries are almost like going for a major election, because what it means is that all around the country, you will conduct votes.”
Eze Chidiebere Paul
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